SCENARIO: THE SAD TALE OF ABIGAIL BOAR Abigail Boar is a 28-year-old securities analyst employed by Megadoom Investments Ltd. She is earning more money that she ever though she would and decides that the time has come to do some conspicuous consuming. She decides to buy her first car. After talking to friends, she decides that the right kind of car for her is a two-seater sports coupe. On September 14, 2017, she decides to go, after dinner, to look at the new line of sport coupes manufactured by the Skunk Motorcar Company Ltd. These cars are being sold at Rattle Motors Ltd. After work, at around 6pm., she stops at Gorilla's Bar and Grill, a trendy bar frequented by financial types, where she has a quick dinner and two glasses of wine. She then walks over to Rattle Motors Ltd, at 55 Main Street, Markham, Ontario. At about 6 pm., Fred Flogem, a salesperson employed by Rattle Motors Ltd., notices that there is some oil on the floor next to the Super Coupe model. He peers underneath the car and discovers oil leaking from underneath the engine. Because this is not good advertising for a new car, Fred does not want to draw customers' attention to the problem by cleaning up the mess immediately. Instead, he shuts off two of the four spotlights that illuminate the Super Coupe, hoping that no one looking at the car will notice the mess on the floor. Fred intends to clean up the mess when there are no customers in the showroom or when the showroom closes for the day. Abigail walks in the front door of the showroom at about 7:30 pm. There are several sports cars on display. On seeing her come in, two salespersons get up from their desks and make a beeline for Abigail. Linda Lucre gets there first, so the second salesperson, Fred Flogem sits down again and busies himself with some paperwork. Abigail tells Linda what she is looking for and Linda shows her the floor models. Abigail looks at one car and then walks over, with Linda behind her, to look at another. The second car is in an area of the showroom where two of the four spotlights meant to illuminate the room are off. The side of the car nearest to the wall is in relative darkness. As Abigail walks around to the darker side of the car she steps into some oil, slips, loses her balance and falls. She strikes the left side of her head against the side of the car and is knocked unconscious. Her body twists as she falls heavily to the floor. As a result she fractures her right wrist and several bones in her right arm. Linda goes to her office and calls an ambulance. Abigail is taken to Markham Stouffville Hospital where she is treated. The broken bones in her wrists and right arm are set in a cast. Because of the head injury, Abigail remains for neurological observation and after four days, she is sent home. She remains at home for six weeks until the cast is taken off her arm. After the cast is taken off, she attends physiotherapy sessions once a week for 10 weeks. After her release from the hospital, Abigail continues to have chronic lower back and headaches. She is unable to walk long distances, and she is unable to sit at her desk or work for prolonged periods. Abigail is right-handed and because she now has limited mobility in her right arm, she is unable to work at her computer for more than 10 minutes at a stretch without experiencing pain.

She returned to work on February 1, 2018 for a month. However because of chronic pain and difficulty using her computer, which is essential for her job, she is unable to continue working. She has applied for long-term disability coverage. Before her accident, Abigail was an avid tennis player and a good amateur violinist. After her accident, she is unable to enjoy these activities and is far less active. She used to be a lively individual but since the fall, she has become quiet and withdrawn. She also has difficulty sleeping. Her family physician has begun treating her for depression, prescribing her antidepressants and painkillers. At the time of the accident, Abigail was earning $80,000 per year. Her employer does not have a short-term sick leave plan but does have a long-term disability coverage that pays Abigail 60% of her monthly wages. On March 9, 2018, Abigail consulted you, I.M Just, a paralegal, because she intends to sue Rattle Motors Lid. and Fred Flogem. She believes they are responsible for the injuries she sustained. You intend to file a statement of claim on her behalf. In preparation for the litigation, you need to prepare an affidavit for the case. -end